June 18, 2013

Cert Denied In Western Water Rights Case

That's the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even
though the agency denied Hage's every application for a grazing permit,
it might issue a special use permit that might allow the use
of the water he alleges was taken. The issue in the case was whether it is a taking for the government to cut off physical access to a property owner's vested right to use water. The Court of Federal Claims awarded $4.2 million in just compensation for the taking of Hage's water rights. But the Federal Circuit reversed because the case was not ripe.

In a different phase of the case, the U.S. District Court for the District of Nevada recently held that the government's suing Hage's estate for trespass for allegedly grazing its cattle on federal land without authorization "shocks the conscience," and is a due process violation. But that ruling had no direct relationship to the compensation case.

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